ERC's Attempt to Amend Counterclaim Shows Lack of Diligence, Judge Rules

CINCINNATI - A federal judge has upheld a magistrate judge's refusal to allow Employers Reinsurance Corp. to amend its answer and counterclaim in a dispute over reinsurance coverage for a medical malpractice verdict, ruling that ERC failed to show good cause as to why it missed the deadline for motions to amend the pleadings. OHIC Insurance Co. v. Employers Reinsurance Corp., No. 2-08-cv-83 (S.D. Ohio).

Judge James L. Graham of the U.S. District Court for the Southern District of Ohio further ruled that the fact that ERC attempted to amend "imprecise" pleadings to more accurately reflect its claim demonstrated a …